UDK: 341:347.463

Mariya S. Kornukova - Russian University of Transport (MIIT)

Abstract. The current paper has presented the study of the system of conventional regulation of the goods’ transportation in direct mixed (multimodal) mode, operating in the territory of the European Union, including the procedure for choosing the applicable law to transport legal relations, as well as methods for distributing responsibility. The author has analyzed the normative and theoretical foundations and factors that determine the choice of the appropriate conventional regulation, and, based on judicial practice, studied the mechanism for the systematic application of international transport conventions to a single contract for direct mixed (multimodal) freights. As a result of the study, the author has concluded that the system of conventional regulation provides the parties of the direct multimodal freight contract with a wide choice of means of their rights’ protection, including the most economically feasible ones, and creates conflict disputes about the application of a particular convention. The author has also studied the prospects for the development of regulation of direct multimodal (multimodal) freights, considering the powers of the European Union. According to the conducted analysis, the author has proposed to use the system of conventional regulation, considering its adaptation and codification to the current conditions for the goods’ transportation in direct mixed (multimodal) mode in the Russian Federation.

UDK: 347.44:657.07

Maxim Ar. Maslennikov - Russian University of Transport

Aleksander Ig. Zemlin - Doctor of Law, professor, honored scientist of the Russian Federation, Russian University of Transport

Abstract. The current paper is devoted to the problems that arise in the implementation of franchising and commercial concession agreements at the international level in order to promote transport and logistics services. In the context of the study conducted within the framework of this paper, there have been made the conclusions that have both theoretical significance for the correct interpretation of the current state of national sources of law in some states and international legislation in the field of commercial concession and franchising agreements, and practical significance for further improving the legal regulation of these agreements in general. There have been analyzed the main sources of national law of Russia and the United States that regulate relations in the field of the agreements under consideration, as well as international acts. At the same time, the latter, as evidenced by their content, are more advisory in nature and have different aspects even in the field of basic concepts. The conclusions made in the paper indicate the necessity for further unification and systematization of international legislation. One of the main directions in the framework of this activity is the registration of a single international act that systematizes the norms of already existing international legislation and eliminates the contradictions between its provisions. A special attention in a more detailed legal regulation of the contracts under consideration has been proposed to be paid to regional international acts, which are most appropriate to form by analogy with the European Code of Ethics for Franchising.

UDK: 341.9:368

Vitaly An. Maltsev - Candidate of Law, associate professor, Academy of Labour and Social Relations

Abstract. The current paper has considered the specifics of vehicle insurance and civil liability of their owners under Indian law. There have been shown the stages of formation and development of insurance legislation, as well as there have been listed the regulatory legal acts in this area that are currently in force. The focus has been made on the analysis of Indian vehicle and insurance laws, as well as the central regulations and provisions of the government. There have been described the features of the terms used in Indian laws. There have been studied the provisions concerning compulsory and voluntary vehicle insurance. There have been identified the conditions and procedure for issuing insurance policies. There has been given a characteristic of the types of insurance policies, such as the insurance policy of the “third party” and the comprehensive insurance policy, as well as the terms of their validity. There have been shown the features of vehicle insurance used for commercial purposes. There have been indicated the main types of insured accidents, as well as risks that are not subject to compulsory insurance. There have been analyzed the factors influencing the establishment of the insurance tariff and insurance premium, including when introducing additional conditions into the contract. There has been presented the system of bonuses used in the calculation of the insurance premium. There has been made an analysis of the amendments made in 2019 to the Law on Vehicles, because of the increased tariffs in insured accidents, as well as compensation payments to victims. There have been considered the requirements of the legislation regarding the mandatory actions of the driver in the case of an accident or injury to a person. There have been discussed the actions of the insurance company (official) upon receipt of information about the insured accident. There have been analyzed the decisions of the Supreme Court of India related to violations of the terms of the insurance contract by the insurer and its obligations for insurance payments in special cases. There have been indicated some problematic facets that take place in certain types of transport insurance. There has been given a brief analysis of the current state of the Indian transport insurance market.

UDK: 347.82

Maksim V. Lavrukhin - Regional State Institution for Road Management of the Murmansk Region

Abstract. The current paper has considered the Screening Partnership Program instituted in 2004 by the Transportation Security Administration (TSA) in the United States, through which federal international airports have the right to employ accredited private security agencies to conduct screening and enforce security of the airport, instead of TSA officers. In the current paper, there have been also analyzed the problematic issues that have arisen in the application of such a program, as well as the financial costs of attracting such agencies, based on published electronic auctions.

UDK: 342.92

Olga N. Ordina - Candidate of Law, associate professor of the department 'Economic Theory and Management' of the Russian University of Transport, associate professor of the department ‘Theory and History of State and Law’ of the Moscow S.U. Witte University

Abstract. In order to identify the legal nature, the current paper has presented the analysis of the most significant sources of transport law in foreign countries, which are regulatory legal acts issued (adopted) by the executive authorities in the manner of delegating part of their powers by the legislative authorities and having the power of law. In order to implement delegated legislation, the Parliament must issue a special act that grants delegated powers to the administration. The delegated legislation may even contain constitutional norms. The paper has also analyzed in detail the acts of delegated transport legislation in the countries of the Anglo-Saxon legal system. The author has noted that there are used such norms in foreign literature to denote the concept of delegated legislation as ‘government legislation’, ‘administrative legislation’, ‘presidential legislation’, ‘legislation of executive branch’, ‘decree law’, etc. Delegated legislation as an independent institution was formed and formalized at the turn of the 19th and 20th centuries. The reasons for the emergence of this phenomenon were both the growing necessity of administrative and legal regulation of foreign countries, and the concentration of all state power in the hands of the executive authorities and the public administration subordinated to it. The author believes that the experience of Western countries in making delegated legislation regulating the field of transport activities is of great relevance for modern Russia.

UDK: 341.9:347.463

Olga N. Skuybedina - Candidate of Philosophical Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Olga V. Kobzeva - Candidate of Philological Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Anastasiya E. Sobalevskaya - assistant of the President of the Association of manufactures and exporters of domestic sports goods and equipment (AMEDSGE)

Abstract. The current paper has presented the analysis of the formation of legal regulation of public relations that emerged in the field of transport. The paper has considered the gradual development of these transport relations from the period of Ancient Russia to the present day. There were identified the reasons for the formation of Russian transport law, as a set of norms of different branches of law, regulating a wide range of activities of different types of transport. On the example of English and French law and its comparison with the practice of domestic legal regulation of transport relations, there has been drawn a parallel between these processes and there has been established a number of common features.

UDK: 349.3:368

Vitaliy An. Maltsev - Candidate of Law, docent, head of the department of administrative, financial and international law of the Academy of Labour and Social Relations

Abstract. The current paper has examined the legal aspects of vehicle insurance and civil liability of their owners in the countries of the African continent. There has been established a significant development of transport insurance in many African countries, caused not only by economic growth, the expansion of foreign trade relations, the construction of new highways, an increase in railway communications, but also by the problems existing in the operation of vehicles. There have been indicated features of the system of legal regulation of insurance in the African countries, including both general interstate and regional agreements. There has been given characteristics of the main international agreements in the field of insurance on the African continent. The paper has also examined the basic principles of insurance enshrined in them, including those concerning vehicle insurance and compulsory civil liability insurance of their owners. There have been analyzed certain provisions of the Code of insurance activity, which is valid as an appendix to an international agreement, where there are written the general requirements for the insurance organization, the main directions of the development of insurance and measures of responsibility for violations of its provisions. There have been studied the norms of national acts of a number of African states regulating the types of transport insurance and the peculiarities of legal relations arising in the implementation of voluntary and compulsory vehicle insurance, as well as compulsory insurance of civil liability of their owners. There have been determined general features of the legislation in relation to these types of insurance, as well as specific features for individual African countries. There have been briefly analyzed legal norms establishing responsibility for violations of insurance legislation. There has been given characteristics of the structure and state of national markets for the specified types of insurance. There have been considered some general problems that exist in the legal regulation of transport insurance in the African countries.

UDK: 342.92

Olga N. Ordina - Candidate of Law, associate professor of the department 'Economic Theory and Management' of the Russian University of Transport, associate professor of the department ‘Theory and History of State and Law’ of the Moscow S.U. Witte University

Abstract. The current paper has considered the issues of public administration of the transport in foreign countries, which is carried out by public administration bodies. The paper has analyzed the system of public administration bodies in the USA, Great Britain, Germany and France, which regulate transport activities. The analysis of foreign experience of public administration of transport is relevant for Russia due to the formation of an extensive system of public administration bodies in this country. The public administration has been considered by the author not only as an organization, but also as the activities of bodies and institutions which were established to implement laws and were endowed with administrative and public powers. Public administration in the countries is a complex mechanism consisting of a centralized public administration, a functional decentralized administration, and local government bodies. The main principles of organization and activity of public administration in foreign countries are as follows: centralization (when the system of administrative bodies has been built on a hierarchical principle) and decentralization (when part of the functions of public administration has been transferred to the local administration); concentration (when power has been concentrated in one body, and other management structures could not make decisions against its will) and deconcentration (when power has been dispersed among bodies in such a way that the executive body transfered part of the power, while retaining full responsibility); unity and indivisibility of public administration; legality; efficiency. The author of the paper has concluded that the experience of Western countries in public administration of transport activities is relevant for nowaday Russia.

UDK: 811

Olga V. Kobzeva - Candidate of Philological Sciences, associate professor of the the department ‘Methodology of law and legal communication’of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, associate professor of the the department ‘Methodology of law and legal communication’of the Law Institute of the Russian University of Transport

Abstract. There has been conducted the thorough analysis of the French law system from the points of continental law. The current paper has presented a comparative analysis of the main components of the legal community. There have been revealed the sociolinguistic and cultural-semiotic features of the history of French and Russian law, and determined the formation stages of the language of law in both cultures. There has been also shown an originality of the legal conceptual apparatus of the national French law. The authors of the current paper have considered the role and significance of this legal system through the prism of the “normative pole” of Romano-Germanic law.

UDK: 348.3

Yury V. Kosolapov - Candidate of Chemical Sciences, associate professor of the department ‘Customs law and organization of the customs affairs’ of the Law Institute of the Russian University of Transport

Anna Al. Sivova - Candidate of Philological Sciences, head of the department for the study of domestic and foreign experience, history of the penitentiary system, comparative analysis of the penitentiary law of the Research Institute of the Federal Penitentiary Service of Russia

Abstract. The current paper has considered the problem of the transportation of convicted persons and persons taken into custody in foreign countries, based on the requirements of international regulations, national legislation in the field of escorting this category of people, as well as on penitentiary practice in the United States, Great Britain and Switzerland. There has been consistently proved that the modification and technical characteristics of any type of specific transport for escorting offenders must meet its purpose due to the principles of humanity with respect to those accompanied and traffic safety.